William (Bill) Burden* practises in the area of commercial litigation, with an emphasis on contract disputes, aboriginal law and shareholder remedies. He has extensive trial (both in the courts and before various tribunals) and appellate experience, and has been involved in a number of significant arbitrations involving the interpretation of contracts.
With over 30 years of expertise in the litigation area, Bill is recognized by the profession in that he is retained by the Lawyers' Professional Indemnity Company with respect to the defence of claims against solicitors.
Bill is a former Chairman of the firm’s Executive Committee.
Bill's experience includes being involved in the following significant matters:
- An appeal before the Court of Appeal for Ontario and the Supreme Court of Canada involving constitutional and aboriginal law principles, and the interpretation of a First Nations treaty – Grassy Narrows First Nation v. Ontario (Natural Resources), 2013 ONCA 158; aff’d 2014 SCC 48
- An action involving the interpretation of an underwriting agreement in the context of a failed bought deal transaction – Stetson Oil & Gas Ltd. v. Stifel Nicolaus Canada Inc., 2013 ONSC 1300
- A proceeding, which included a 42-day arbitration hearing, an appeal before the Ontario Superior Court of Justice (Commercial List), and a motion for leave to appeal to the Court of Appeal for Ontario, involving allegations of breach of contract, negligent misrepresentation, and breach of the Arthur Wishart Act – Healy v. Canadian Tire Corp., 2012 ONSC 77, leave to appeal to CA denied
- A proceeding before the Ontario Energy Board concerning proposed natural gas facilities and whether the Crown met its duty to consult with affected First Nations – Ontario Energy Board Case Nos. EB-2011-0040, EB2011-0041, EB2011-0042
- A private arbitration proceeding involving a 42-day hearing before a three-member arbitral panel concerning allegations of breach of contract, breach of fiduciary duty, and breach of the duty of good faith
- A case involving contract interpretation principles at the trial and appellate levels – Commercial Alcohols Inc. v. Suncor Energy Products Inc., 17 B.L.R. 4th 86 (Ont. S.C.J.); aff’d 44 B.L.R. 4th 23 (C.A.)
- A decision in the Court of Appeal for Ontario involving jurisdiction and forum conveniens issues - BNP Paribas (Canada) v. BCE Inc. 33 C.B.R. (5th) 163
- A decision involving an interpretation of the arrangement provisions in the Business Corporations Act (Ontario) in the context of an acquisition involving a share exchange with dilution implications – McEwen v. Goldcorp Inc., 21 B.L.R. (4th) 262 (Ont. S.C.J.); aff’d 21 B.L.R. (4th) 306 (Div. Crt.)
- A proceeding before the Ontario Securities Commission to determine whether a take-over bid complied with the requirements of the Securities Act (Ontario) – Re Financial Models Co.
- An application and appeal concerning the interpretation of a shareholders’ agreement involving a first right of refusal in the context of a takeover bid – BNY Capital Corp. v. Katotakis, 2 B.L.R. (4th) 71 (Ont. S.C.J.); aff’d 1 B.L.R. (4th) 168 (C.A.)
Bill is a member of The Advocates' Society, the Insolvency Institute of Canada and the International Insolvency Institute. He is a former lecturer at the Bar Admissions Course, and a former member of the Executive of the Ontario Insolvency Section of the Canadian Bar Association.
Bill has written extensively about contract interpretation principles, debtor/creditor issues, and shareholder disputes.
*denotes Professional Corporation
- The Legal 500 Canada (Dispute Resolution)
- Martindale-Hubbell, BV Distinguished™ rating
- The Advocates' Society
- Canadian Bar Association
- Insolvency Institute of Canada
- International Insolvency Institute
- Ontario Bar Association
- Toronto Lawyers Association